Change of venue sought for Dennis Drue trial

By LUCIAN McCARTY

Thursday, September 5, 2013

BALLSTON SPA -- Dennis Drue's attorneys have filed a motion to move the case to another county where there is a better chance for an impartial jury.

Attorney Stephen R. Coffey filed the motion Thursday for a change in venue, saying, "This was a terrible tragedy" and there would be a better chance of getting a jury that has not been tainted by coverage of the crash that killed two high school students "in a county that has a little more distance."

Drue, 22, is facing 52 felonies for the Dec. 1, 2012, Northway crash near the Twin Bridges in Halfmoon that killed Shenedehowa High School students Chris Stewart and Deanna Rivers. Two other high school students, Bailey Wind and Matthew Hardy, were seriously injured.

Prosecutors say Drue was intoxicated on a combination of alcohol and marijuana when his Volvo smashed into the teens' SUV. They also say he was texting while driving just before the accident.

"I have not read one article that has said anything good about Dennis Drue," Coffey said, adding he has read just about all of the extensive media coverage of the case.

"No matter where this case is tried, it will be difficult," he said. "It was an awful tragedy." Coffee said an impartial jury would be less difficult to find in a county "that doesn't have its fingerprints on it."

Saratoga County District Attorney James A. Murphy III said he believes a venue change is premature.

"Change of venue motions are typically not until it is demonstrated, in the courtroom, that you are not able to get a jury," Murphy said, calling the motion "without basis."

Coffey said there is precedent for changing venues prior to jury selection, and the risk of getting a tainted jury "is much less if you go to a county that hasn't heard about it."

Murphy said, "We have tried a lot of high-profile cases in Saratoga County and in many other counties without judges changing the venue."

He said he believes residents can be fair and impartial.

Murphy's office has eight days to respond to the motion, Coffey said, and then the Appellate Division will decide on the change.